Ordered that the cross appeal is dismissed since the petitioner is not aggrieved by the portions of the judgment that he cross-appeals from (see, CPLR 5511); and it is further,
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the petitioner firefighter's refusal to undergo surgery a second time does not constitute a waiver of the petitioner's right to benefits pursuant to General Municipal Law § 207-a. In Matter of Schenectady Police Benevolent Assn. v. New York State Pub. Empl. Relations Bd. ( 85 N.Y.2d 480), the Court of Appeals stated that General Municipal Law § 207-c authorizes a city to require that police officers undergo surgery "under the appropriate circumstances * * * where reasonable" (see, Matter of Schenectady Police Benevolent Assn. v. New York State Pub. Empl. Relations Bd., supra, at 486). The Court of Appeals also stated that, in this regard, police officers do not differ from firefighters, who may also be required to undergo surgery pursuant to General Municipal Law § 207-a. Thus, the Supreme Court properly found that the petitioner's refusal to undergo surgery a second time was reasonable in light of his previous unsuccessful surgery and steroid treatments and the lack of the likelihood of success of the proposed surgery (see, Matter of Messina v. Speranza, 79 A.D.2d 807).
We have examined the appellants-respondents' remaining contentions and find them to be without merit. Sullivan, J.P., Rosenblatt, O'Brien and Thompson, JJ., concur.